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MARIA NIKAC, ETC., ET AL., APPELLANTS, v. GJELOSH RUKAJ, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

To successfully oppose a motion for leave to enter a judgment based on the defendants' failure to appear or answer, the defendants must demonstrate a reasonable excuse for the delay and provide a meritorious defense (see, Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508; Siu Lung Cheng v. Leader Jewelry Corp., 246 A.D.2d 526; Miles v. Blue Label Trucking, 232 A.D.2d 382). The defendants met both requirements, and therefore, the plaintiffs' motion for leave to enter a judgment against them was properly denied (see, Kaiser v. Delaney, 255 A.D.2d 362; Van Man Adhesives Corp. v. City of New York, 236 A.D.2d 465; Bedard v. Najim, 222 A.D.2d 979).

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NIKAC v. RUKAJ
(Oct 10, 2000)